Book II. Ordinary Proceedings · Title II. Citation and Service of Process · Chapter 4. Persons Authorized to Make Service · Last amended 2018 · Last verified July 30, 2026
In one sentenceArticle 1293 lets a court appoint a private person, or a business entity acting through a qualifying employee, to serve process once the sheriff has failed to serve it within ten days or reports being unable to, and lets the court skip the sheriff altogether for urgent summary proceedings and related subpoenas.
Full Text of Art. 1293
Text size
A. When the sheriff has not made service within ten days after receipt of the process or when a return has been made certifying that the sheriff has been unable to make service, whichever is earlier, on motion of a party the court shall appoint a person over the age of majority, not a party and residing within the state whom the court deems qualified to perform the duties required, to make service of process in the same manner as is required of sheriffs. Service of process made in this manner shall be proved like any other fact in the case. Any person who is a Louisiana licensed private investigator shall be presumed qualified to perform the duties required to make service.
B. In serving notice of a summary proceeding as provided by Article 2592 or a subpoena which is related to the proceeding, on motion of a party the court shall have the discretion to appoint any person over the age of majority, not a party and residing within the state, to make service of process, notices, and subpoenas in the same manner as is required of sheriffs, without first requiring the sheriff to attempt service. The party making such a motion shall include the reasons, verified by affidavit, necessary to forego service by the sheriff, which shall include but not be limited to the urgent emergency nature of the hearing, knowledge of the present whereabouts of the person to be served, as well as any other good cause shown.
C. In addition to those natural persons who the court may appoint to make service of process pursuant to Paragraph A or B of this Article, the court may also appoint a juridical person which may then select an employee or agent of that juridical person to make service of process, provided the employee or agent perfecting service of process is a natural person who qualifies as an agent for service of process pursuant to Paragraph A or B of this Article.
D. In addition to the provisions of Paragraph A of this Article, when the citation or other process is a temporary restraining order, protective order, preliminary injunction, permanent injunction, or court- approved consent agreement as referenced in R.S.46:2136.2(B), the person making the service, or his designee, shall transmit proof of service to the judicial administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S.46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after making service, exclusive of weekends and holidays. This proof shall include, at a minimum, the case caption, docket number, type of order, serving agency and officer, and the date and time service was made.
The sheriff is Louisiana's default server of process, but Article 1293 recognizes that a sheriff's office can fall behind or come up empty. Once ten days pass after the sheriff receives process without service being made, or once the sheriff's return certifies an inability to serve it, whichever happens first, a party can move the court to appoint a private person instead. That appointee has to be an adult, not a party to the case, and a resident of Louisiana whom the court considers qualified, and once appointed, that person serves papers the same way a sheriff would. A licensed Louisiana private investigator gets a head start here: the article presumes such a person qualified for the job.
Paragraph B offers a faster path for urgent situations. When a party is serving notice of a summary proceeding, or a subpoena connected to one, the court can appoint a private person up front, without first making the sheriff attempt service, so long as the party's motion is backed by a sworn affidavit explaining the reasons — the urgent nature of the hearing, knowledge of where the person to be served can be found, or other good cause.
Paragraph C extends the private-service option to businesses: a court can appoint a juridical person, Louisiana's term for a corporation, company, or other legal entity as opposed to a living individual, and that entity can then designate an employee or agent to carry out the service, as long as that individual meets the same qualifications required of any private server. Paragraph D closes the article with the same Protective Order Registry reporting duty found in Article 1292 — proof of service on a restraining order, protective order, injunction, or qualifying consent agreement has to reach the judicial administrator's office by the end of the next business day.
Frequently Asked Questions
When can a private person serve papers instead of the sheriff in Louisiana?
Once ten days have passed after the sheriff received the process without service being made, or once the sheriff's return says service couldn't be made, whichever comes first. A party can then move the court to appoint a qualified private person.
Who qualifies to serve as a private process server under Article 1293?
An adult, not a party to the case, who resides in Louisiana and whom the court considers qualified for the job. A Louisiana licensed private investigator is presumed to meet that standard.
Can a company be appointed to serve process?
Yes. Paragraph C lets the court appoint a juridical person, meaning a business entity, which can then have a qualifying employee or agent carry out the actual service.
Does the sheriff always have to try first before a private person can serve process?
Not always. For notice of a summary proceeding or a related subpoena, Paragraph B lets the court appoint a private person from the start, on a sworn motion showing urgency or other good cause, without requiring the sheriff to attempt service first.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as:private process server louisianaarticle 1293 louisianalouisiana private investigator service of processcourt appointed process server louisianasheriff unable to serve louisiana